Section 1. Section
1. Definitions. (1) "Brail" means a wood or metal rod with attached
hooks which is dragged across the bottom to take mussels.

(2)
"East side" means the area in Kentucky Lake or Barkley Lake east of
the line of red navigational buoys marking the main channel.

(3)
"Mussel" means:

(a)
An intact live or dead mussel;

(b)
A mussel shell; or

(c)
A part of a mussel shell.

(4)
"To brail" means to take mussels using a brail.

(5)
"To mussel" means to take mussels by means of commercial musseling
gear.

(6)
"West side" means the area in Kentucky Lake or Barkley Lake west of:

(a)
The line of red navigational buoys marking the channel; or

(b)
A water depth of fifty-five (55) feet.

Section
2. (1) Except as specified in subsection (2) of this section, a person shall
possess a mussel license if he:

(a)
Has more than six (6) mussels in his possession, unless he has a mussel buyer’s
license;

(b)
Possesses commercial musseling equipment while on the water; or

(c)
Sells or attempts to sell a mussel.

(2)
A licensed musseler may be accompanied by one (1) unlicensed helper.

(3)
An unlicensed helper shall not perform an act authorized by a mussel license
unless he is in the presence of a licensed musseler.

Section
3. A person shall not:

(1)
Sell a mussel unless he has a valid:

(a)
Mussel license; or

(b)
Mussel buyer’s license.

(2)
Buy a mussel:

(a)
Unless he has a valid mussel buyer’s license; and

(b)
Except from a person holding a valid:

1.
Mussel license; or

2.
Mussel buyer’s license.

Section
4. A musseler shall paint or affix his
department issued identification number to his brail boat so it is clearly
visible to aerial observation.

Section 5. (1)
To apply for a mussel license, a person shall:

(a)
Complete a Mussel License Application Form;

(b)
Submit the completed form to the department during the month of November; and

(c)
Include the license fee as stipulated in 301 KAR 3:022.

(2)
The department shall issue a mussel license only to a person who had previously
purchased a mussel license between January 1, 2000 and November 10, 2005.

(3)
Mussel license holders who purchased a mussel license between January 1, 2000
and November 10, 2005 shall not be allowed to transfer this mussel license
buying privilege to another person.

Section 6. (1) A person shall not mussel:

(a) Within 200 yards below a dam; or

(b) Except in the waters specified in subsection
(2) of this section.

(2) The following waters shall be open to
musseling:

(a) Kentucky Lake, except embayments as defined by
the Kentucky Lake Musseling Waters Map shall
be opened to mussel brailing until February 28, 2011, or until an alternative
mussel harvest method is established by the department;

(b) Barkley Lake, except embayments as defined by
the Barkley Lake Musseling Waters Map shall
be opened to mussel brailing until February 28, 2011, or until an alternative
mussel harvest method is established by the department;

(c) Tennessee River downstream from river mile
seventeen and eight-tenths (17.8) shall
be opened to mussel brailing until February 28, 2016, or until an alternative
mussel harvest method is established by the department;

(d) Cumberland River downstream from the U.S. Highway
62 bridge shall be opened
to mussel brailing until February 28, 2016, or until an alternative mussel
harvest method is established by the department;

(e) Ohio River shall be opened to mussel brailing until February 28, 2016,
or until an alternative mussel harvest method is established by the department, except between river miles:

1. 418 and 419;

2. 965.0 and 974.1;

3. 387.0 at Ruggles Run, Kentucky and 388.7 at
Cummins Branch, Kentucky; and

(f) Green River downstream from the western
boundary of Mammoth Cave National Park, except from lock and dam #5 downstream
four and eight-tenths (4.8) miles to the confluence of Ivy Creek shall be
opened to mussel brailing until February 28, 2011 or until an alternative
mussel harvest method is established by the department;

(g) Barren River downstream from Barren River Lake
dam, except from lock and dam #1 downstream three and five-tenths (3.5) miles
to the confluence with Mortar Branch shall be opened to mussel brailing until
February 28, 2011 or until an alternative mussel harvest method is established
by the department;

(h) Kentucky River downstream from Beattyville
shall be opened to mussel brailing until February 28, 2011 or until an
alternative mussel harvest method is established by the department;

(i) Rough River downstream from Rough River Lake
dam; and

(j) Rolling Fork River shall be opened to mussel
brailing until February 28, 2011 or until an alternative mussel harvest method
is established by the department.

Section
7. (1) Except as otherwise stipulated in this section, a person shall not
mussel except between 6 a.m. and 6 p.m.

(2)
Musseling hours shall be:

(a)
8:30 a.m. to 3:30 p.m. during December through February; and

(b)
8 a.m. to 6 p.m. during the remainder of the year on the following waters: